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PRECEDENTS 



BEARINO ON THK 



ADMISSION OF MEMBERS 



OF THE 



Society of the Cincinnati, 



OF 



MASSACHUSETTS. 



-^xoJ«<C 



BOSTON: 

LEONARD C. BOWLES. 

J873. 



PRECEDENTS 



BEARING ON THE 



ADMISSION OF MEMBERS 



OF THE 



Society of the Cincinnati, 



MASSACHUSETTS. 



o'i^c 



BOSTON : 

LEONARD C. BOWLES. 

1873. 



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At the Annual Meeting of the Society of the Cin- 
cinnati of Massachusetts, held at Boston, July 4, 1872, 

" Voted, That the valuable and intelligent Report of 
Charles W. Storey, giving a history of the legislation 
of the General and Massachusetts Society of the Cin- 
cinnati, in relation to the admission of new members, 
be referred back to Mr. Storey with a respectful request 
that he will prepare a code of rules, based upon the 
facts embodied in his report, for the future government 
of the Massachusetts Society in its action upon appli- 
cations for the admission of members, and that Mr. 
Storey be further requested to prepare and present to 
the Secretary the code of rules herein referred to in 
reasonable time for action thereon at the meeting of the 
Standing Committee in November next." 



REPORT. 

I 

To the Standing Committee of the Society of the Cincin' 
nati of Massachusetts. 

' I ^HE undersigned, who was requested by vote of the fourth 
•*• ; day of July last to examine the history of the legislation 
of this Society in respect to the admission of new members, and 
to report to the Standing Committee at the next meeting a syn- 
opsis of that legislation and the conditions of admission to 
membership under existing provisions of the Constitution, has 
attended to the duty assigned him, and respectfully 

Reports, that, by the plan for establishing the Society of the 
Cincinnati, adopted May, 13, 1783, "the officers of the Ameri- 
can Army " associated themselves as a " Society of Friends 
to endure as long as they shall endure or any of their eldest 
male posterity, and, in failure thereof, the collateral branches 
who may be judged worthy of becoming its supporters and 
members," and at the same time adopted the name of the " So- 
ciety of the Cincinnati," and established certain rules, among 
which one divided the Society into State Societies to " consist 
of all the members resident in each State respectively," and then 
provided that each State Society might "judge of the qualifica- 
tions of the members who may be proposed, and expel any 
member " who should show himself unworthy of membership ; 
and a third provided that each member should deliver to the 
treasurer of the Society of his State one month's pay of his 
grade to form a perpetual fund for the use of that Society. 



Provision was also then made for the admission of officers of 
the Army, and of those who had been such, with certain Hmita- 
tions as to time of service, upon payment of one month's pay ; 
and it was added that, " as a testimony of affection to the mem- 
ory and the offspring of such officers as have died in the ser- 
vice, their eldest male branches shall have the same right of 
.becoming members as the children of the actual members of 
the Society." 

At the annual meeting of the Massachusetts Society on the 
fifth day of July, 1784, it was "determined that the right of join- 
ing the Society should be limited to the present month, with 
the exception of those officers who had previously applied to 
sign the Constitution ; and with the further exception of the 
officers of the Navy, who were allowed one year more for that 
purpose." 

"At the annual meeting, July, 1792, it was determined that 
no person in future should be admitted a member but by bal- 
lot." 

On the fourth of July, 181 1, the first eight of the By-laws 
and Rules of the Massachusetts Society were adopted, as 
printed in the volume published by the Society in the year 
1859 ^^^ distributed among its members.* 

In the year 1848 the Secretary of the General Society ap- 
pears to have examined its records and reported that he found 
nothing touching the election or terms of members except the 
following extract from minutes of a general meeting held May 4, 
1829, namely, — 

"A question having arisen whether, in case of a member having no 
male issue except a grandson, the issue of a daughter, such grand- 
child shall be preferred to (male) collaterals, the Society conceives 
the true interpretation to be that the grandson shall be preferred, he 
being in the direct line of descent." f 

* Page 54 of the aforementioned volume. f Ih. 30. 



It does not appear that any change of the Rules of the So- 
ciety respecting this subject was afterwards made until July 4> 
1854, when the following preamble and resolution were adopted 
unanimously, at the annual meeting of the Society of Massa- 
chusetts, namely, — 

"Whereas, at the triennial meeting of the Society of the Cin- 
cinnati held at Baltimore, on the seventeenth day of May last> 
the following resolutions respecting the succession and admis- 
sion of members were unanimously adopted, namely, — 

''^Resolved, That each State Society shall have the full right and 
power to regulate the admission of members, both as to the qualifica- 
tions of members and the terms of admission, — 

" Provided that admission be confined to the male descendants of 
original members (including collateral branches as contemplated by 
the original Constitution), or to the male descendants of such officers 
of the Army or Navy as may have been entitled to admission but who 
failed to avail themselves thereof within the time limited by the Con- 
stitution ] or to the male descendants of such officers of the Army or 
Navy of the Revolution as may have resigned with honor or left the 
service with reputation, or to the male collateral relative of any officer 
who died in service without leaving issue. 

'■'■Resolved^ That the male descendants of those who were members 
of State Societies which have been dissolved may be admitted into 
existing Societies upon such terms as those Societies may think proper 
and prescribe. Now therefore, — 

'■'■Resolved, That the foregoing resolutions be proposed to the seve- 
ral State Societies, and their assent be requested thereto, and upon 
such assent being given by each of the remaining Societies the Secre- 
tary-general shall issue notice thereof to each Society, and thereupon 
the said resolutions shall become operative and each State Society 
shall be at liberty to act upon the powder given thereby. 

^^ Resolved, That the Massachusetts Society of the Cincinnati 
do now unanimously assent to and adopt the same as the basis 



of their future action, and as a modification of the original Con- 
stitution." * 

And, at this meeting, the late John Collins Warren, M.D., of 
Boston, was then admitted by unanimous vote as a member of 
the Society under these Resolutions, which seem to have been 
considered in full force. 

At the next annual meeting, July 4, 1855, the sum of three 
hundred and forty dollars was fixed upon as that which should 
properly be paid by members admitted, not by right of descent, 
but by the authority of the new rules and election under them. 
The reasons for this are given in the volume before referred to 
at pages fifty-one and fifty-two. On the latter of these pages 
will also be found the vote of the Society, July 4, 1856, again 
fixing the above-mentioned sum, and providing that no one shall 
claim admission by right of descent from any member so ad- 
mitted until the full sum shall have been paid. 

And here also will be found the resolution of the General 
Society, adopted May 21, 1856, by which the last of the resolu- 
tions of May 17, 1854, which requires the assent of the several 
State Societies, was repealed. 

[Although the vote of the Society respecting the payment of 
the three hundred and forty dollars has been repeated, no sub- 
stantial change has been made in its terms.] 

It appears, therefore, that the Massachusetts Society have 
adopted and acquiesced in the remaining resolutions of that 
date as constituting, — together with the original Institution of 
the Society, the requirement of the vote by ballot on the 
admission of members, the vote of the General Society of May 
4, 1829, respecting the preference of the issue of daughters over 
male collateral relatives, and the provision for the payment of 
the fixed sum before mentioned in certain cases, — the legisla- 
tive basis of their action on the admission of members. 

* Pages 50 and 51 of the aforementioned volume. 



At the annual meeting in 1864 two gentlemen were admitted 
as members upon their showing that their respective relatives 
who had prior claims had waived them. 

At the annual meeting July 5, 1865, the Rev. James Gardner 
Vose was admitted as the nearest of kin then living to his 
grandfather, the original member, although a son of the eldest 
son of that member had been admitted as his successor, that 
son having died twenty years before the date of this meeting, 
and no claim having ever been made in his right. 

From the Report of the Committee on the application of Mr, 
Vose, made by its chairman, the late Col. James W. Sever, the 
following extracts are made : — 

" The paramount desire and purpose of the founders of the Society 
was that it should be perpetuated through their ' eldest male poste7'ity 
and in failure thereof the collateral branches who may be jicdged worthy 
to become its supporters and members.^ 

"At a special meeting of the Society held April 11, 1787, for the 
purpose of electing delegates' to the meeting of the General Society, 
this desire and purpose was emphatically stated in the following extract 
from the instructions then given to their delegates : — 

" ' // is the wish of this society that its existence fnay be preserved by 
ELECTION, giving the preference to the nearest akin to any deceased 
officer, and not by hereditary descent.^ 

"Although the recommendations embraced in these instructions 
were not adopted by the General Society, and the original Constitu- 
tion remains unaltered, yet the various State Societies have ever exer- 
sised the right of choice, and it is under no forced or latitudinarian 
construction of that instrument that the Committee recommend the 
Rev. James Gardner Vose as nearest akin to the original member and 
his eldest living male representative." 

The report does not appear to have been formally accepted, 
but Mr. Vose was admitted the same day, and the report was 
ordered to be recorded, which is considered as equivalent to an 
acceptance of the report. 



lO 

The undersigned believes that he has thus given " a synopsis 
of the legislation upon the subject referred to, and the condi- 
tions of admission to membership under existing provisions of 
the Constitution," and he regrets that he has not been able to 
do so more promptly. 

In this connection it may be proper to add, with respect to 
honorary membership, that at the annual meeting, July 4, 1845, 
it was — 

" Voted, That the admission of honorary members of the Cincinnati 
for life only shall be confined to those who shall be the lineal descend- 
ants or representatives of those who were distinguished by eminent 
military virtue and service in the Revolutionary War." 

And at the annual meeting, July 4, 1866, on a report by the 
late Judge Vose, from a sub-committee appointed by the Stand- 
ing Committee, it was — 

^' Voted, That the vote, of July 4, 1845, relating to the admission of 
honorary members be rescinded. 

" Voted, That the admission of honorary members of the Cincinnati 
for life only shall be confined to those who shall be eminent lineal 
descendants or representatives of those who were distinguished by 
high military or civil virtues and services in the Revolutionary War. 

" Voted, That no person be admitted an honorary member of the 
Society except upon recommendation of the Standing Committee." 

All which is respectfully submitted. 

CHARLES W. STOREY, Committee. 



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AMENDMENT OF THE NINTH RULE. 

At the annual meeting of the Society of the Cincinnati of 
Massachusetts, July 4, 1872, after the acceptance of the fore- 
going Report, on motion of the Vice-President, Mr. Samuel 
C. Cobb, it was voted unanimously that By-law No. IX. of the 
Society be amended by striking out the words " three hun- 
dred and forty dollars," and inserting in place thereof the 
words " seven hundred dollars," so that the said By-law as 
amended and adopted reads as follows: — 

" IX, Any person making application to become a member 
of the Society, in conformity with the Rule recommended at 
the triennial meeting of the General Society of the Cincinnati, 
held at Baltimore in May, 1854, and adopted by this Society 
at their annual meeting in July following, may be admitted 
upon subscribing the usual declaration, and upon condition of 
the payment of the sum of seven hundred dollars (^700) to 
the Treasurer of the Society as a contribution to the perma- 
nent fund, and shall thereby be entitled to all the rights and 
privileges of an original member." 

Leonard C. Bowles, 

Assistant Secretary. 



REPORT OF THE COMMITTEE 

On the application of George C. Trumbull to be admitted a 
Member of the Massacusetts Society of the Cincinnati 
as the oldest grandson of a daughter of Capt. Caleb Clapp, 
an Original Member. 

The Committee to whom was referred the application of 
George C. Trumbull, of Cambridge, Mass., to be admitted a 
member of the Massachusetts Society of the Cincinnati in 
right of his maternal grandfather, Capt. Caleb Clapp, of Green- 
field, Mass., have considered the subject, and respectfully report, 
that in their judgment the application should be granted, and 
Mr. Trumbull admitted, and on these grounds : — 

I. Because, though not the son of the oldest daughter of 
Capt. Caleb Clapp, Mr, Trumbull is the oldest and, without dis- 
paragement of others, the most respectable living male repre- 
sentative of his grandfather, the original member. 

II. Because, while there are three persons who could claim 
precedence of him by the law of primogeniture, as children or 
grandchildren of daughters of Capt. Clapp who were older than 
Mr. Trumbull's mother, yet the oldest of these is, to say the least, 
not more worthy than Mr. Trumbull, while the other two are 
minors, twelve and fifteen years of age, one of them living in a 
Western, and the other in a Southwestern State, distant a thou- 
sand or twelve hundred miles from Boston, the centre of the 
Massachusetts Society of the Cincinnati. In the judgment of 
your Committee, it is not necessary, wise, or expedient that 
this Society should wait, leaving a vacancy unfilled eight or 
nine years, in order for time to solve two doubts, namely : first, 



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whether either of these minors when he reaches manhood will 
wish to assert his claim to become a member of the Society ; 
and, second, whether either of them will be worthy to be 
received should he apply and wish to become a member. If 
there be a person residing in the State who both by descent 
and by character has a clear, strong claim to membership, 
the Society should receive him, and thiis have forthwith a 
worthy, active, interested member, rather than wait for six or 
eight years to fill a vacancy which at the expiration of that 
time it may not be able to fill so well as now. 

Ill, Because in the female line the law of primogeniture 
should not be stringently pressed or adhered to, but rather 
this rule or principle, which your Committee think wise and 
right, be adopted by the Society, — a rule which can work no 
injustice, and, as the generations pass on, is the only rule that 
can keep the Society a living, active, useful, and honored insti- 
tution, — namely, that where there is and can be no representa- 
tive of an original member in the direct male line of descent, 
the Society in filling the vacancy from among the descendants 
by the female line may be at liberty, and should feel itself 
bound, to select the person whose age, character, and position, 
residence in Massachusetts, and other considerations, make it 
probable that he will be the most worthy, active, useful, 
interested and interesting member of the Society, no matter 
whether he descend through the youngest or oldest daughter of 
the original member. All the foregoing considerations point 
to Mr. Trumbull as the person to be elected and received to 
fill the vacancy caused by the death of his maternal grand- 
father, Capt. Caleb Clapp, and your Committee recommend that 
he be admitted. 

Another application referred to your Committee, but now 
withdrawn, suggests to them a rule which they think it would 
be wise for the Society to adopt, and accordingly recommend 



to them, namely : that no person having a direct claim and a 
membership awaiting him by descent in the male line shall, 
before this membership falls to him, be received to fill a vacancy 
in a collateral branch by descent in the female line also, until it 
is clear that there is no other person among the descendants in 
this line worthy, competent, and desirous to be admitted to fill 
said vacancy. 

Respectfully submitted. 

Samuel K. Lothrop, 

E. M. P. Wells, )> Committee. 

Charles D. Homans, 



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